New  York  State  Education  Department 

New  York  State  Library 

REVIEW  OF  LEGISLATION  I907-8  LEGISLATION  39ZI1 

COMMERCE  AND  INDUSTRY 

SIMON  LITMAN  DR  JUR.  PUB.  ET  RER.  CAM.,  ASSOCIATE  IN  COMMERCE, 
UNIVERSITY  OF  ILLINOIS 

Governors  messages  and  legislative  enactments  of  1907  and  1908 
are  above  all  indicative  of  a serious  effort  to  check  loose  and  dis- 
honest business  methods  and  of  a tendency  to  increase  the  super- 
visory power  of  states  over  trades  and  professions;  the  first  may  be 
seen  in  the  earnestness  and  in  the  vigor  of  the  recommendations,  as 
well  as  in  the  far-reaching  character  and  in  the  number  of  measures 
enacted  with  regard  to  adulterations,  imitations,  misbranding,  specu- 
lation, warehouse  receipts,  weights  and  measures  etc. ; the  second  in 
the  creation  of  various  state  boards  of  examiners  and  inspectors, 
state  commissions  and  commissioners,  etc.  While  in  many  instances 
the  creation  of  state  boards  was  an  outgrowth  of  legislative  at- 
tempts to  curb  dishonesty,  this  was  not  true  of  all  enactments,  as 
many  boards  were  established  for  purely  regulative  purposes,  or  for 
statistical,  advertising  and  similar  work.  The  creation  of  special 
boards  and  commissions  is  not  new,  but  it  is  interesting  to  note 
their  multiplication  and  the  variety  of  subjects  with  which  they  are 
intrusted  to  deal. 

Weights  and  measures.  The  problem  of  curbing  abuses  re- 
sulting from  cheating  through  underweight  and  scant  measure  is 
ever  existing  in  all  the  states  and  territories  of  the  Union.  The 
Governor  of  West  Virginia  in. his  message  of  January  8,  1907 
(p.92-93)  speaks  of  a communication  he  received  from  the  Bureau 
of  Standards  of  the  Federal  Government  in  which  he  is  asked  to 
cooperate  with  that  bureau  and  with  the  sealers  of  weights  and 
measures  of  other  states,  to  improve  the  conditions  affecting  com- 
mercial weights  and  measures.  The  communication  calls  his  at- 
tention to  the  fact  that  the  number  of  convictions  for  the  use  of 
dishonest  weights  and  measures  in  localities  where  rigid  inspection 
is  maintained  makes  it  evident  that  “ the  amount  of  fraud  in  states 
and  cities  where  there  is  no  inspection,  must  be  enormous,  and 
unfortunately  the  loss  falls  upon  those  too  poor  or  unfortunate  to 


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350  N.  Y.  STATE  LIBRARY  REVIEW  OF  LEGISLATION  I907-8 


protect  themselves.”  The  federal  government  is  interested  in  the 
establishment  of  uniform  weight  and  measure  laws  throughout  the 
United  States,  as  the  imperfections  of  many  state  laws,  combined 
with  a very  deficient  system  of  inspection  and  sealing,  undoubtedly 
lead  to  many  abuses  on  the  part  of  unscrupulous  dealers. 

Among  the  laws  passed  in  1907  and  1908  the  most  comprehensive 
was  that  of  New  Jersey  ( 08  ch.259)  establishing  uniform  standards 
of  weights  and  measures  to  conform  to  those  kept  in  the  National 
Bureau  of  Standards  in  Washington.  Laws  similar  in  character, 
though  not  as  wide  in  scope,  were  enacted  by  different  states  in 
various  parts  of  the  country ; the  laws,  whether  newly  enacted  or 
amendments  of  the  already  existing  statutes,  are  in  keeping  with 
the  state  legislation  of  previous  years,  regulating  the  methods  of 
measuring  and  weighing  agricultural  products,  coal,  ice,  milk  etc., 
and  providing  penalties  for  misrepresentation.  A passing  notice 
may  be  taken  of  an  amendment  of  the  Ohio  statutes  (’08  p.132), 
which  makes  it  unlawful  not  only  to  sell  but  also  knowingly  to  pur- 
chase by  means  of  false  weights  or  measures.  New  York  (’07 
ch.  684)  prohibited  the  sale  of  apples,  pears  and  peaches  grown  else- 
where as  state  fruit  and  fixed  the  size  of  barrels  ( 08  ch.486)  in 
which  the  fruit  must  be  sold.  Massachusetts  passed  in  rapid  suc- 
cession three  amendments,  all  relating  to  the  sale  of  coal  and  coke, 
ordering  that  the  bags  or  baskets  in  which  the  coal  is  sold  should 
bear  the  name  of  the  person  putting  the  same  up  and  should  indi- 
cate the  quantity  or  weight,  contained  in-  the  receptacle.  Measures 
regulating  the  sale  of  coal  were  also  passed  by  the  states  of  Missis- 
sippi (’08  ch.206),  Rhode  Island  (’08  ch.1563)  and  Washington 
(’07  ch.ioo)  ; the  latter  made  it  a misdemeanor  to  sell  a short  weight 
ton  of  coal. 

Delaware  (’07  ch.167),  New  Jersey  (’07  ch.150)  and  Pennsyl- 
vania (’07  no.56)  established  standard  measures  for  milk  and  cream, 
providing  penalties  for  their  sale  in  receptacles  not  conforming  to 
the  standards,  while  New  Hampshire  found  it  necessary  to  put  on 
her  statute  books  a law  (’07  ch.20),  stating  that  dealers  in  ice  and 
drivers  of  ice  wagons  must  weigh  ice  at  the  request  of  the  pur- 
chasers. 

Comparatively  few  new  laws  were  enacted  relating  to  the  appoint- 
ment of  inspectors  or  sealers  of  weights  and  measures ; one  of  the 
most  important  of  these  was  the  law  of  Massachusetts  (’07  ch.534) 
creating  the  office  of  a commissioner  of  weights  and  measures  to  be 
appointed  by  the  Governor  and  the  council  and  to  be  aided  in  his 


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LITMAN  COMMERCE  AND  INDUSTRY  35 1 

work  by  four  inspectors.  New  Mexico  (’07  ch.98)  made  pro- 
visions for  the  establishment  of  county  inspectors  of  weights  and 
measures,  and  North  Dakota  (’07  ch.273)  appointed  county  sheriffs 
for  the  work  of  inspecting  and  sealing  of  scales,  balances  etc. 

Adulterations  and  imitations.  Branding.  Inspection.  The 
passage  of  the  Federal  Pure  Foods  and  Drugs  Act  of  1906,  stimu- 
lated state  Legislatures  to  adopt  measures  preventing  and  punish- 
ing the  adulteration  of  articles  liable  to  affect  public  health.  These 
laws  are  considered  in  the  Review  of  Legislation  on  Public  Health 
and  Safety.  As  regards  other  products,  the  laws  of  1907  and  1908 
pay  particular  attention  to  the  adulteration  of  stock  feed,  com- 
mercial fertilizers,  oils,  paints  and  petroleum,  and  to  the  misbrand- 
ing of  gold  and  silver  ware. 

Of  the  four  laws  regulating  the  sale  of  commercial  feed  for  stock, 
two,  those  of  Kansas  (’08  ex.  sess.  ch.75)  and  of  Ohio  (’08  p.81), 
are  amendments,  the  Ohio  amendment  making  it  obligatory  for 
packages  of  feed  stuffs  to  be  provided  with  labels,  showing  the  pro- 
ducts from  which  the  feed  is  made,  its  chemical  analysis,  and  the 
names  of  the  manufacturer  and  the  shipper.  In  Virginia  (’08 
ch.188)  the  sale  of  stock  feed  is  placed  under  the  supervision  of 
the  newly  created  Dairy  and  Food  Commissioner  in  the  Department 
of  Agriculture  and  Immigration. 

Eight  laws,  six  original  and  two  amendments,  were  passed  deal- 
ing with  the  sale  of  oils  and  paints.  Iowa  ('07  ch.131),  Minnesota 
(’07  ch.421),  South  Dakota'  “(’07  ch.196)  and  Ohio  (’08  p.n8’)  re- 
quire that  the  paints  should  be  clearly  and  distinctly  labeled ; the 
labels  must  show  the  name  and  address  of  the  manufacturer  of, 
or  the  dealer  in  the  article,  and  the  percentage  of  each  ingredient, 
both  solid  and  liquid,  contained  in  the  can.  The  sale  of  adulterated 
paints  has  been  made  a misdemeanor  punishable  by  a fine.  Minne- 
sota intrusted  her  Dairy  and  Food  Commissioner  with  the  enforce- 
ment of  the  law. 

Washington  (’07  ch.192)  and  Ohio  (’08  p.513)  created  the  posi- 
tion of  a State  Oil  Inspector,  with  the  object  of  supervising  the 
examination  and  the  testing  of  oils,  gasoline,  naphtha  etc.  The  laws 
establish  standards,  indicate  how  the  tests  should  be  made  and  fix 
penalties  for  frauds.  Michigan  (’07  no. 178)  passed  a law  requiring 
the  labeling  of  containers  of  gasoline,  benzine  or  naphtha ; a similar 
law  was  enacted  in  1908  in  Ohio  (’08  p.245)  and  one,  somewhat 
more  limited,  dealing  with  gasoline  only,  in  Oklahoma  (’08  ch.61 
art.i).  Considering  the  dangerous  nature  of  these  substances  the 


352  N.  Y.  STATE  LIBRARY  REVIEW  OF  LEGISLATION  1907-8 

laws  are  most  wise,  and  it  is  highly  desirable  that  similar  meas- 
ures should  be  adopted  by  those  states  which  as  yet  have  failed 
to  legislate  in  the  matter.  Colorado  (’07  ch.200)  forbade  the  sale 
or  use  of  uninspected  oil,  and  Connecticut  (’07  ch.211)  and  Mon- 
tana ('07  ch.121)  fixed  flash  or  fire  test  standards,  prohibiting  the 
sale  of  products  which  can  not  pass  the  test.  Delaware  (’0 7 ch.161), 
in  an  amendment,  raised  her.  fire  test  requirements. 

Ohio  ('o8  p.343)  and  Virginia  (’08  ch.72)  amended  their  legis- 
lation regulating  the  sale  of  commercial  fertilizers. 

Six  states  in  1907,  Colorado  (/07  ch.160),  Massachusetts  (’07 
ch.460),  Minnesota  (’07  ch.467),  North  Carolina  (’07  ch.331), 
Rhode  Island  (’07  ch.1454)  and  Utah  (’07  ch.io),  and  one  state 
in  1908,  New  Jersey  (?o8  ch.188),  prohibited  the  stamping  or  offer- 
ing for  sale  of  gold  and  silver  articles  in  any  way  which  might  mis- 
lead the  purchaser  as  to  the  fineness  of  the  metal.  The  laws  of 
different  states  are  more  or  less  uniform  in  their  provisions,  de- 
fining minutely  the  methods  of  branding  and  the  penalties  for 
frauds. 

Associations.  Exchanges.  Speculation.  In  1907  the  Govern- 
ors of  Missouri,  Massachusetts,  • Alabama,  South  Carolina,  Texas, 
Arkansas  and  Florida  successively  raised  their  voices  against 
gambling  and  for  the  suppression  of  bucket  shops,  recommending 
the  enactment  of  most  rigid  laws  in  order  to  stamp  out  the  evil  of 
illegitimate  speculation.  The  shops  are  described  as  “ one  of  the 
most  vicious  forms  of  gambling  . . . whose  existence  is  a fruit- 

ful source  of  embezzlement  and  larceny.”  The  Governor  of  Texas 
in  his  message  (Jan.  16,  07)  attacked  all  “ futures”  concluded  on 
the  stock  and  produce  exchanges,  declaring  them  “ of  as  serious 
concern  to  society  as  all  the  gambling  houses  in  the  country.” 

Laws  prohibiting  dealings  in  “ futures  ” were  passed  by  Ala- 
bama ( 07  p.448),  Arkansas  (07  no.  162),  Montana  Co 7 ch.115) 
and  Florida  (07  no.85).  while  California  (07  p.  1360s)  by  a con- 
stitutional amendment  declared  void  all  contracts  relative  to  stock 
speculations,  and  Vermont  ( 06  no.  189)  made  her  previous  law 
against  stock  gambling  more  comprehensive.  Thirteen  states  passed 
measures  forbidding  the  keeping  of  “ bucket  shops  ” and  imposing 
penalties  for  the  violation  of  the  laws.  These  states  were  Ar- 
kansas, Connecticut,  Indiana,  Iowa,  Maine,  Massachusetts,  Michi- 
gan, Minnesota,  Missouri  (an  amendment  of  previous  acts),  Ne- 
braska, Pennsvlvania,  South  Carolina  and  Texas. 


LITMAN 


COMMERCE  AND  INDUSTRY 


353 


The  enactment  of  “ bucket  shops  ” laws  so  vigorously  pushed 
in  1907  was  continued  in  1908,  and  five  more  states,  Mississippi, 
New  York,  Oklahoma,  Rhode  Island  and  Virginia  were  added  to 
the  list  of  those  which  through  legislative  enactments  are  trying  to 
stamp  out  the  evil  of  bucket  shop  gambling. 

It  was  in  1908  that  President  Roosevelt,  in  a message  to  Con- 
gress (Jan.  31,  ’08,  p.9-10),  expressed  his  belief  that  the  federal 
governments  could  do  something  towards  checking  “ the  grosser 
forms  of  gambling  in  securities  and  commodities  by  prohibiting 
the  use  of  mails,  telegraph  and  telephone  wires  .for  mere  gambling 
in  stocks  and  in  futures  just  as  it  does  in  lottery  transactions.” 
A few  months  later,  Governor  Hughes  of  New  York  (Apr.  9,  ’08, 
p.4)  recommended  the  appointment  of  a commission  to  inquire 
into  the  facts  relative  to  speculation  in  securities  and  commodities 
with  a view  to  ascertaining  the  manner  in  which  illegitimate  trans- 
actions may  be  prevented  and  legitimate  business  safeguarded.  No 
action  was  taken  on  this  recommendation1  but  New  York  passed  a 
law  defining  and  prohibiting  bucket  shops. 

Oklahoma  (’08  ch.75,  art.2)  enacted  a measure  making  it  a mis- 
demeanor for  a commercial  agency  to  furnish  false  ratings  of 
business  firms  and  ordering  that  those  who  are  rated  should  be 
sent  records  of  their  ratings. 

Warehouses.  Markets.  Wisconsin  (’07  p.1279)  and  Ne- 
braska (’07  ch.205)  memorialized  Congress  to  pass  an  act  pro- 
viding uniform  standards  for  grading  and  inspecting  grain  in  termi- 
nal markets  of  the  United  States.  Idaho  (’07  p.529)  created  a 
State  Grain  Commission  with  power  to  establish  standard  grades 
of  grain,  to  pass  regulations  regarding  the  weighing  and  inspect- 
ing of  cereals  and  to  adopt  a form  of  warehouse  receipts.  A law 
similar  to  the  one  of  Idaho  was  passed  in  Kansas  (’07  ch.222)  ; it 
created  a State  Grain  Inspecting  Department;  this  department  has 
full  charge  of  the  inspection,  weighing,  grading  and  storing  of 
grain  within  the  state ; the  act  provides  for  an  appointment  by  the 
Governor  of  a chief  inspector  of  grain,  regulates  the  warehous- 
ing business,  the  issuance  of  receipts,  etc.  The  law  of  Minnesota 
(’07  ch.252)  prescribed  a uniform  method  for  handling  grain  in 
public  warehouses  and  the  use  of  a standard  bushel.  North  Da- 
kota (’07  ch.129)  instructed  her  Governor  to  appoint  a Grain 
Commission  Board  for  the  purpose  of  investigating  into  the  feasi- 

1 i.  e.  by  the  Legislature,  but  Governor  Hughes  on  his  own  initiative 
appointed  such  a commission  later. 


12 


354  N-  Y-  STATE  LIBRARY  REVIEW  OF  LEGISLATION  I907-S 

bility  and  the  practicability  of  establishing  a state  operated  grain 
terminal  elevator  and  of  inquiring  into  the  existing  methods  of 
grading,  etc.  The  law  passed  in  Missouri  in  1907  (’07  p.285),  deal- 
ing with  state  inspection  of  grain,  was  in  1908  declared  uncon- 
stitutional, as  it  involved  an  invalid  delegation  of  legislative  power 
(Merchants’  Exchange  v.  Knott  111  S.  W.  565). 

In  Minnesota  (’07  ch.73)  the  Railroad  and  Warehouse  Commis- 
sion has  been  empowered  to  fix  the  time  for  the  opening  and  clos- 
ing of  general  warehouses,  and  in  South  Dakota  (’07  ch.209)  the 
law  gave  the  railroad  commissioners  the  right  to  enter  public  ware- 
houses at  any  time  during  business  hours,  should  they  desire  to  in- 
spect the  books  and  accounts  of  the  warehousemen. 

In  1907  Connecticut,  Illinois,  Iowa,  Massachusetts,  Minnesota,. 
New  Jersey  and  New  York  adopted  uniform  warehouse  receipt 
laws ; similar  laws  were  adopted  in  1908  by  Louisiana,  Ohio^  Rhode 
Island  and  Virginia.  The  way  is  thus  being  paved  for  a long 
needed  uniformity  in  legislation  regulating  the  issue,  the  negotia- 
bility and  the  transfer  of  this  important  business  document.  The 
laws  passed  regulate  also  the  obligations  and  rights  of  warehouse- 
men with  regard  to  their  receipts. 

Regulation  and  licensing  of  trades  and  occupations.  Sixty 
laws,  of  which  36  were  new  statutes  and  24  amendments,  were 
passed  in  1907 ; they  deal  with  accountants,  auctioneers,  barbers, 
commission  merchants,  cotton  ginners,  gypsy  fortune  tellers,  hawk- 
ers and  peddlers,  horseshoers,  junk  and  second  hand  dealers,  hotel- 
keepers,  nurses  and  veterinary  surgeons.  Several  subjects,  such  as 
bill  posting,  dentistry,  pharmacy,  pawnbroking,  are  not  considered 
in  this  review,  belonging  more  properly  in  other  subdivisions  of 
this  work. 

The  number  of  laws  passed  in  1908  was  much  smaller  than  dur- 
ing the  preceding  year,  only  13  original  statutes  and  7 amend- 
ments having  been  enacted. 

A few  old  laws  were  declared  by  state  courts  unconstitutional ; 
of  these  court  decisions  the  most  important  were,  the  one  in  Wash- 
ington declaring  unreasonable  and  arbitrary  the  nongranting  of 
licenses  to  barbers  unless  they  have  had  two  years  apprenticeship 
under  a practicing  barber  (State  v.  Walker  92  P.  775  [1907]),  and 
the  one  in  Utah  declaring  that  the  request  for  a license  to  peddle 
certain  goods  not  produced  in  the  state  (agricultural  implements, 
jewelry  etc.)  interferes  with  the  freedom  of  interstate  commerce  and 
is  not  within  the  police  power  (State  v.  Bayer  97  P.  129  [1908]). 

In  1907  Colorado,  Connecticut  and  Utah,  in  1908  Georgia,  Louisi- 


LITMAN 


COMMERCE  AND  INDUSTRY 


r I f 

l \n  i , 

355 

ana  and  Ohio  created  State  Boards  of  Accountancy.  The  laws  are 
more  or  less  similar  in  their  statutory  requirements  to  those  pre- 
viously passed  by  other  states,  Louisiana  (’08  no.125)  and  Georgia 
(’08  p.86),  like  California,  Maryland  or  Rhode  Island,  not  demand- 
ing preliminary  education  in  public  schools  or  professional  train- 
ing from  those  to  be  examined  by  the  board  with  a view  of  grant- 
ing a license  to  practise  accountancy,  while  Colorado  (’07  ch.203), 
Connecticut  (’07  ch.202)  and  Ohk>  (’08  p.332)  require  gradua- 
tion from  a high  school  or  its  equivalent  and  either  two  or  three 
years  practical  experience  in  the  work  of  accountancy  as  a pre- 
liminary test.  Penalty  is  imposed  for  an  unauthorized  use  of 
C.  P.  A. 

Of  interest  is  the  recommendation  of  the  Governor  of  Utah 
(Jan.  15,  ’07  p.34-35)  that  the  barber  law  of  the  state  should  be 
so  amended  as  to  make  it  an  offense,  punishable  by  fine  or  imprison- 
ment or  both,  for  a person  afflicted  with  a disease  likely  to  be  dis- 
seminated from  a barber  shop,  to  apply  for  service  in  any  shop  of 
the  state. 

Texas  (’07  ch.141)  created  a Board  of  Barber  Examiners,  to 
examine  and  license  barbers  in  towns  of  over  1000  inhabitants; 
Connecticut  (’07  ch.76)  amended  its  law  regulating  barbering  so  as 
to  provide  for  at  least  an  annual  inspection  of  barber  shops  by 
the  examining  board.  Other  amendments  tending  either  towards  a 
stricter  supervision  of  shops  with  regard  to  sanitation  or  a more 
careful  granting  of  licenses  were  passed  by  Missouri  (’07  p.79), 
Oregon  (’07  oh.  157),  Utah  (’07  ch.154),  and  Wisconsin  (’07 
ch.54).  New  Hampshire  (’07  ch.142),  in  a new  law,  prescribed 
minutely  the  rules  for  cleanliness  in  barber  shops,  instructing  the 
local  boards  of  health  to  see  to  their  enforcement. 

Louisiana  (’08  110.308)  established  a Board  of  Engineering  Ex- 
aminers. Attention  has  been  called  both  in  this  and  in  the  pre- 
ceding reviews  of  legislation  to  a general  tendency  towards  the  ap- 
pointment of  special  state  commissions  to  regulate  trades  and  oc- 
cupations. The  years  1907  and  1908  were  especially  prolific  in 
this  respect.  In  addition  to  the  boards  mentioned  the  following 
were  created:  Boards  of  Examiners  of  Nurses  by  the  states  of 
Georgia  ( 07  p.117),  Illinois  (’07  p.383,),  Minnesota  (’07  ch.153), 
New  Hampshire  (’07  eh. 50)  and  West  Virginia  (’07ex.  sess.  ch.il), 
Boards  of  Veterinary  Medical  Examiners  by  California  (’07011.501), 
Georgia  (’08  p.88),  Louisiana  ( 08  no.202),  Minnesota  (’07  ch.419), 
Michigan  '(’07  no.244),  LTtah  (’07  ch.122),  Washington  (’07 


356  n!  y.  state  library  review  of  legislation  1907-8 

ch.124)  and  Wisconsin  (’07  ch.334).  A few  states  amended  their 
statutes  relative  to  the  examination  and  registration  of  those  in- 
tending to  engage  in  the  profession  of  nursing.  North  Carolina 
(’07  ch.542)  has  added  to  her  requisites  the  following:  applicants 
must  be  at  least  21  years  old,  must  have  received  a high  school 
education  or  its  equivalent  and  must  be  graduated  from  a three 
years  training  course  in  a hospital.  Somewhat  similar  are  the 
qualifications  required  of  the  applicants  in  the  laws  which  created 
the  boards  of  nurse  examiners.  Without  establishing  a special 
examining  board,  Iowa  (’07  ch.139)  provided  for  the  examina- 
tion and  regulation  of  nurses  by  empowering  the  State  Board  of 
Health  to  appoint  an  examining  committee  from  year  to  year. 

Some  states  seem  to  underestimate  the  importance  of  veterinary 
medicine  and  surgery.  Utah  (’07  ch.122),  for  instance,  after  an 
elaborate  discussion  of  the  organization  of  the  veterinary  examin- 
ing board,  its  meetings,  its  regulating  power,  and  after  a detailed 
consideration  of  the  qualifications  of  applicants  for  examination 
and  the  licensing  of  those  who  successfully  passed  ^it,  declares : 
“ nothing  in  this  act  shall  prevent  any  person  practising  veterin- 
ary medicine,  surgery,  or  veterinary  dentistry,  providing  said  per- 
son shall  not  use  the  title  “ Veterinarian/’  “ Veterinary  Surgeon,'” 
or  “ Veterinary  Dentist,”  or  analogous  title  . . Maine  (’07 
ch.89)  passed  an  amendment  of  substantially  the  same  character: 
“ any  one  may  practise  veterinary  surgery,  providing  he  does  not 
advertise  and  does  not  use  the  title  of  V.  S.”  An  opposite  view 
is  held  by  Michigan  ( 07  no. 244)  and  many  other  states  whose 
acts  specify  that  it  shall  be  unlawful  for  any  person  to  practise 
veterinary  medicine  without  being  registered  by  the  State  Vet- 
erinary Board. 

Texas  (’07  ch.38)  and  Washington  (’07  ch.139)  passed  laws  de- 
fining the  duties  of  commission  merchants  and  requesting  that 
bonds  should  be  given  by  them,  guaranteeing  the  proper  perform- 
ance of  their  functions. 

Alabama  (’07  p.278)  and  Texas  (’07  ch.167)  established  bureaus 
of  cotton  statistics  in  their  Departments  of  Agriculture,  cotton 
ginners  being  requested  to  report  at  stated  intervals  the  number  of 
bales  ginned.  Louisiana  (’08  no.212)  intrusted  the  Commissioner 
of  Agriculture  with  the  work  of  fixing  standards  for  the  grading 
of  cotton. 

With  three  exceptions,  the  hawkers  and  peddlers  acts  of  1907 
are  amendments,  all  dealing  with  the  subject  of  licenses.  The 


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exceptions  are  the  new  laws  of  North  Dakota  (’07  ch.257),  of 
Utah  (’07  ch.106)  and  of  Wyoming  (’07  ch.46),  establishing  a 
license  tax  on  itinerant  vendors.  In  1908  only  one  act  was  passed ; 
it  declared  that  a license  granted  to  a peddler  may  be  revoked  on 
conviction  of  a crime  warranting  revocation  (Massachusetts,  ’08 
ch.208). 

Junk  and  secondhand  dealers  are  prohibited  from  accepting 
goods  from  intoxicated  persons  in  Delaware  (’07  ch.163)  and  from 
minors  in  Minnesota  (’07  ch.228). 

Miscellaneous  trade  regulations.  The  laws  in  this  category 
consider  printed  misrepresentation  of  goods  offered  for  sale,  dis- 
criminations between  persons  or  localities,  trading  stamps,  and  pub- 
lic and  legal  holidays. 

Massachusetts  (’07  ch.383)  made  the  publication  of  false  or  wil- 
fully misleading  advertisements  punishable  by  a fine,  or  by  im- 
prisonment, or  by  both.  Arkansas  (’07  110.298),  Missouri  (’07 
p.234),  Nebraska  (’07  ch.157),  South  Dakota  (’07  ch.131)  and 
Louisiana  -(’08  no.  128)  prohibited  unfair  competition  through  dis- 
crimination in  price  between  different  localities  with  the  object 
of  destroying  the  business  of  a competitor.  Kansas  (’07  ch.139) 
prohibited  exclusive  contracts  by  means  of  which  persons,  firms 
or  corporations  conditioned  that  dealing  in  their  goods  should  ex- 
clude dealing  in  the  wares  of  others ; the  law  must  not  be  construed 
as  forbidding  the  appointment  of  sole  agents  or  the  making  of  con- 
tracts for  exclusive  sales.  Kansas  (’07  ch.254)  enjoined  news 
agencies  to  furnish  service  to  all  on  equal  terms,  and  telegraph  or 
telephone  companies  must  refuse  business  of  agencies  violating  the 
act. 

State  courts  continue  to  hold  the  opinion  that  laws  prohibiting  the 
issuance  of  trading  stamps  are  unconstitutional.  Following  the 
example  of  California  and  of  Massachusetts  in  1906,  a similar  stand 
was  taken  in  Washington  in  1907,  the  reason  given  being  that  such 
laws  deprive  of  property  without  due  process  of  law  (Leonard  v. 
Basisindale  89  P.  879). 

The  number  of  state  holidays  continues  to  grow,  and  the  years 
1907  and  1908  have  done  their  share  in  adding  to  the  list  of  such 
holidays.  In  1907  two  new  holidays  were  established  in  Colorado, 
August  1 to  be  known  as  Colorado  day  (’07  ch.189)  and  October 
12  as  Columbus  day  (’07  ch.190)  ; Lincoln’s  birthday  was  made  a 
legal  holiday  in  South  Dakota  (’07  ch.181),  in  Indiana  (’07  ch.229) 
and  in  Kansas  (’07  ch.245)  ; Labor  day  in  South  Dakota  (’07 


358  N.  Y.  STATE  LIBRARY  REVIEW  OF  LEGISLATION  1907-8 

ch.181).  Good  Friday  in  Minnesota  (’07  ch.254)  and  in  New  Jer- 
sey (07  ch.244),  Lee's  birthday  in  Arkansas  ('07  110.160).  In 
1908  Defenders’  day,  September  12,  and  Columbus  day  were 
adopted  as  holidays  by  Maryland  ('08  ch.181  p.7),  Labor  day  by 
Oklahoma  ('08  ch.53  art.5)  and  Rhode  Island  Independence  day, 
May  4,  by  Rhode  Island  ('08  ch.1591). 

Encouragement  of  industries.  The  Alaskan-Yukon  Pacific 
Exposition,  in  Washington,  and  the  Jamestown  Exposition,  in  Vir- 
ginia, prompted  the  passage  of  many  acts  by  different  states,  in- 
dorsing the  expositions,  appropriating  money  and  making  provisions 
for  state  exhibits,  creating  exposition  commissions,  etc. 

The  problem  of  attracting  desirable  immigrants  into  the  states  is 
discussed  in  1907  in  a number  of  Governors’  messages.  The 
Governor  of  South  Dakota  (Jan.  8,  '07  p.6)  urges  the  creation  of 
an  immigration  commissioner,  the  Governor  of  Washington  (Jan. 
14,  ’07,  p *36-37)  suggests  the  establishment  of  a state  board  of 
publicity,  the  Governor  of  Florida  (Apr.  2,  ’07,  p.55-56)  calls  the 
attention  of  the  legislators  of  the  state  to  the  Department  of  Agri- 
culture, Commerce  and  Immigration  in  South  Carolina  and  ex- 
presses his  belief  that  a similar  department,  if  established  in 
Florida,  could  be  of  great  value  in  securing  permanent  settlers  both 
from  abroad  and  from  other  parts  of  the  United  States.  Other 
governors,  whose  messages  deal  with  the  benefits  of  immigration 
and  with  the  steps  to  be  taken  for  its  encouragement  are  those  of 
Alabama,  Delaware,  New  Mexico,  North  Carolina,  North  Dakota, 
South  Carolina  and  Wyoming. 

'Either  in  response  to  these  recommendations  or  independently  a 
number  of  state  boards  were  created  for  the  purpose  of  advertising 
state  resources  and  attractions,  and  of  encouraging  immigration. 
The  names  of  these  boards  vary,  in  Alabama  ('07  p.313)  receiving 
the  name  of  an  Immigration  Board,  in  North  Carolina  (’07  ch.924) 
of  a Department  of  Agriculture,  Immigration  and  Statistics,  in 
Nevada  (’07  ch.185)  of  a State  Industrial  and  Publicity  Commis- 
sion, etc.  Other  states  which  legislated  in  the  matter  were  Dela- 
ware (’07  ch.116),  Minnesota  (’07  ch.267),  South  Dakota  (07 
ch.76),  Tennessee  (’07  ch.469),  Wisconsin  (’07  ch.407)  and  Wyom- 
ing  (’07  ch.75). 

In  1908  the  only  message  dealing  with  immigration  is  Governor 
Hughes’  of  New  York  (Jan.  1,  ’08,  p.23).  He  discusses  the  neces- 
sity for  creating  a commission  to  investigate  the  condition  of 
immigrants  from  foreign  countries  who  remain  in  large  numbers  in 


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New  York.  Acting  upon  this  recommendation  the  state  (’o8 
ch.210)  voted  $10,000  for  the  establishment  of  a commission  of  9, 
appointed  by  the  Governor,  to  inquire  into  the  condition  and  the  in- 
dustrial opportunities  of  aliens  in  the  State. 

Navigation.  Waterways.  Many  laws  in  this  category  are  of 
purely  local  interest ; they  consider  pilotage,  towage,  river  obstruc- 
tions, night  lights  on  vessels,  disposal  of  wrecks,  improvements  of 
wharves  and  docks,  etc. 

The  awakening  of  public  interest  in  inland  waterways  found  its 
expression  in  the  creation  of  a Waterways  Commissioner  in  Wis- 
consin (’07  ch.429),  with  the  same  salary  and  qualifications  as  a 
Railroad  Commissioner  of  the  state ; in  the  establishment  of  a 
Department  of  Inland  Waterways  in  New  Jersey  (’08  ch.15)  ; 
in  the  appointment  of  a Board  of  Commissioners  of  Navigation  for 
Delaware  river  in  Pennsylvania  (’07  no.322),  and  in  the  formation 
of  a committee  of  15,  in  Illinois  (’07  ex.  sess.  p.103),  to  investigate 
the  rights  of  the  state  in  certain  navigable  waters,  the  development 
of  water  power  and  the  building  of  deep  waterways.  The  im- 
provement of  Illinois  waterways  found  a warm  exponent  and 
supporter  in  the  person  of  Governor  Deneen,  whose  message  of 
October  8,  1907,  (p.1-3)  dwells  at  great  length  on  the  subject. 
Governor  Mead  of  Washington  (Jan.  14,  ’07,  p. 31-32)  urged  joint 
action  with  Oregon  and  with  the  federal  government  for  the  im- 
provement of  the  Columbia  river.  Kansas  (’07  ch.438)  memorial- 
ized Congress,  requesting  it  to  provide  for  the  improvement  of  the 
Mississippi,  Missouri  and  Kansas  rivers,  and  Arkansas  ( 07  p.1268) 
indorsed  the  proposition  of  the  National  Rivers  and  Harbors  Con- 
gress for  an  annual  appropriation  by  the  United  States  of  $50,000,- 
000  for  the  improvement  of  waterways. 

Mines  and  mining.  In  1907  the  subject  of  mines  and  mining 
was  considered  in  the  messages  of  the  Governors  of  Colorado, 
Minnesota,  Nevada,  Oregon,  Utah  and  Wyoming.  The  Governor 
of  Colorado  urged  (Jan.  3,  ’07,  p.12-13)  a revision  of  the  some- 
what obsolete  coal  mines  law  of  the  state ; he  expressed  his  belief 
that  tf‘  many  improvements  could  be  made  which  would  tend  to 
prevent  accidents  and  protect  the  lives  of  workmen,  as  well  as  being 
of  material  advantage  to  the  operators  themselves.”  The  Governor, 
of  Minnesota  (Jan.  9,  ’07  p.17-18)  advised  the  organization  of  a 
state  department  of  mining  and  the  creation  of  the  position  of  a 
state  commissioner  of  mines,  the  department  to  be  intrusted  with 
the  enforcement  of  state  mine  inspection  and  regulation  laws,  the 


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STATE  LIBRARY  REVIEW  OF  LEGISLATION  1907-8 


examination  of  the  mineral  resources  of  public  lands,  etc.  The  Gov- 
ernor of  Nevada  (Jan.  21,  07  p.3-4)  suggested  the  creation  of  the 
office  of  state  mineralogist  whose  duty  it  would  be  to  scientifically 
examine  the  mining  claims  in  the  state.  Other  messages  dealt  largely 
with  the  fake  mining  companies  floating  worthless  stock  “ for  the 
purpose  of  enriching  the  promoter  at  the  expense  of  the  honest  but 
deceived  investor.”  In  the  opinion  of  the  Governors  such  pro- 
moters should  be  deemed  guilty  of  felony  and  punished  accordingly. 
California,  in  a statute  enacted  in  1905,  provided  for  a punishment 
by  imprisonment  for  a term  not  exceeding  two  years,  or  a fine  of 
not  more  than  $5000,  or  by  both  fine  and  imprisonment.  Some- 
what similar  provisions  were  adopted  by  the  American  Mining 
Congress  in  1906  in  their  bill  which  they  decided  to  submit  to! 
various  state  Legislatures  as  a desirable  measure  which  would,  if1 
adopted,  check  the  promotion  of  illegitimate  mining  enterprises. 

As  to  mining  legislation,  the  year  1907  has  to  its  credit  42  laws! 
either  original  or  amendments  and  revisions  of  existing  statutes ; 
only  two  laws  were  passed  in  1908,  both  in  Oklahoma^ one  (*o8 
ch.54  art.i.)  creating  a State  Mining  Board  and  regulating  th 
work  in  the  mines,  and  the  other  (’07  ch.67  art.i),  considering  thej 
transportation  of  natural  gas  by  means  of  pipe  lines. 

California  ( 07  p.1367)  and  Idaho  (’07  p.582)  placed  themselves 
on  record  as  desiring  the  establishment  of  a Federal  Department  of 
Mining.  Texas  (’07  ch.178)  and  West  Virginia  (’07  ch. 78) 
created  State  Mining  Boards,  with  the  object  of  providing  a mor 
efficient  system  of  regulation  and  inspection  of  mines  and  minin 
operations.  Other  laws  passed  in  1907  deal  with  surveys  of  minin 
regions,  with  mineral  exhibits,  mining  claims,  ore  analysis,  etc. 


